Weedman's retrial is postponed

Ed Forchion, aka "New Jersey Weedman," and defense lawyer, Donald Ackerman, consult at the courtroom earlier this month. ( AKIRA SUWA / Staff Photographer )

Ed Forchion, known as NJ Weedman, will be re-tried on drug distribution charges in September - if his motion for acquittal fails. 

Earlier this month, a jury deadlocked 7-5 on the charge after he argued that the pound of marijuana that police found in his car trunk was strictly for his own use.  His doctor testified the former Pemberton man has bone tumors caused by giant cell cancer.  After having one tumor removed in his leg, a tumor recurred and another appeared in his shoulder, the doctor said. 

After the trial, the prosecutor told the judge he will re-try the case.  At that time, Forchion asked for a speedy trial, and was given a court date of May 22.  But Don Ackerman, a public defender who assisted in his defense, has since convinced him to hold off until a motion for acquittal can be heard.  

The motion is scheduled for Aug. 14.  "I think all charges will be dropped," Forchion said in a text message. 

Superior Court Judge Charles Delehey set a new trial date of Sept. 6 and allowed Forchion to remain free on his own recognizance.  He signed documents that say he agrees to return for trial.  

Forchion has said he will soon return to Los Angeles to get treatment for his tumors.  Once he's back in California, where he has lived in recent years, he also will be able to smoke marijuana legally.  He has a license there that allows him to use weed to alleviate pain associated with his medical condition.